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HomeMy WebLinkAboutPlanning Commission - 08/10/2015 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, August 10, 2015, 7:00 P.M. PLANNING COMMISSION John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann MEMBERS: Higgins, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources I. PLEDGE OF ALLEGIANCE --ROLL CALL II. APPROVAL OF AGENDA III. MINUTES A. Approval of the Minutes for the July 27, 2015 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. TOWNPLACE SUITES by Alliant Engineering Location: 11588 Leona Road Request for: • Planned Unit Development Concept Review on 1.87 acres • Planned Unit Development District Review with waivers on 1.87 acres • Zoning District Amendment within the Commercial Regional Services Zoning District on 1.87 acres • Site Plan Review on 1.87 acres B. VARIANCE #2015-09 by PGJ Properties, LLC and MHH Properties LLC Location: 6401 City West Parkway Request to: • Reduce a minimum 25 foot buffer located along the western border of the subject property as required by that certain Developer's Agreement dated July 2, 1985. C. CITY CODE AMENDMENT—SIGN CODE by City of Eden Prairie Request to • Amend City Code Chapter 11, Section 11.70 relating to Sign Permits including adding or amending requirements for entry monument signs, free standing signs and wall signs. VII. PLANNERS' REPORT VIII. MEMBERS' REPORTS A. CITIZEN ADVISORY COMMITTEE-LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT ANNOTATED AGENDA TO: Planning Commission Members FROM: Julie Klima, City Planner RE: Planning Commission Meeting for Monday, August 10, 2015 MONDAY,August 10, 2015 7:00 PM, COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE-ROLL CALL III. APPROVAL OF AGENDA MOTION: Move to approve the agenda. IV. APPROVAL OF MINUTES MOTION: Move to approve the following Planning Commission minutes: A. PLANNING COMMISSION MEETING HELD MONDAY, JULY 13, 2015 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. TOWNPLACE SUITES by Alliant Engineering Location: 11588 Leona Road Request for: • Planned Unit Development Concept Review on 1.87 acres • Planned Unit Development District Review with waivers on 1.87 acres • Zoning District Amendment within the Commercial Regional Services Zoning District on 1.87 acres • Site Plan Review on 1.87 acres The proposed project is for a 300 square foot building expansion to add a breakfast room. As a part of the expansion to the building, the proponent will be matching the existing exterior material finishes of brick and stone. The proponent is requesting a PUD waiver to allow an increase in the base area ratio for the site. City Code requires a base area ratio (BAR) of up to 0.20. The building addition increases the BAR for this site to 0.21. Staff recommends approval. MOTION 1: Move to recommend a continuance to the August 24, 2015 meeting. ANNOTATED AGENDA August 10,2015 Page 2 OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Planned Unit Development Concept Review on 1.87 acres, Planned Unit Development District Review with waivers on 1.87, Zoning District Amendment within the Commercial Regional Services Zoning District on 1.87 acres and Site Plan Review on 1.87 acres, based on plans stamp dated July 2, 2015 and the information included in staff report dated August 7, 2015. OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of the Planned Unit Development Concept Review on 1.87 acres, Planned Unit Development District Review with waivers on 1.87, Zoning District Amendment within the Commercial Regional Services Zoning District on 1.87 and Site Plan Review on 1.87 acres based on plans stamp dated July 2, 2015 and the information included in staff report dated August 7, 2015. B. VARIANCE #2015-09 by PGJ Properties, LLC and MHH Properties, LLC Location: 6401 City West Parkway Request to: • Reduce a minimum 25 foot buffer located along the western border of the subject property as required by that certain Developer's Agreement dated July 2, 1985. This property has been developed as a retail center consistent with the plans approved by the City in 1984. The Development Agreement requires compliance with plans reviewed and approved by the City in 1984. These plans indicate that a buffer of 25 feet between the property line and the parking area is required. With the recent construction associated with Shady Oak Road, the property owner and the City have been negotiating related to the additional property needed for Shady Oak Road. The additional property needed for the roadway results in a buffer area of less than 25 feet. At its closest point to the new right of way line, the buffer area is 2.5 feet wide. Staff recommends approval. ANNOTATED AGENDA August 10,2015 Page 3 MOTION 1: Move to recommend a continuance to the August 24, 2015 meeting. OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Final Order #2015-09 based on plans stamp dated August 3, 2015 and the information included in staff report dated August 7, 2015. OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of the Final Order #2015-09 based on plans stamp dated August 3, 2015 and the information included in staff report dated August 7, 2015. C. CITY CODE AMENDMENT—SIGN CODE by City of Eden Prairie Request to: • Amend City Code Chapter 11, Section 11.70 relating to Sign Permits including adding or amending requirements for entry monument signs, free standing signs and wall signs. In 2013, staff proposed changes to City Code Section 11.70 (sign permits). The changes were recommended by staff as a result of current trends in sign permit inquiries and requests. The proposed code changes were presented to the Eden Prairie Chamber of Commerce Government Committee. The Planning Commission recommended approval of the code changes to City Council. When the code changes were presented to the City Council concerns were discussed which included increased sign clutter, enforcement action on temporary signs, and potential conflicting language in the city code. City Council closed the public hearing and directed staff to revise recommended changes and to reach out to the Chamber Government Committee and Planning Commission prior to bringing changes forward again. ANNOTATED AGENDA August 10,2015 Page 4 In 2015, staff began outreach with the Chamber Government Committee and commercial real estate professionals to obtain feedback on proposed revisions to the city code. Since the outreach was completed staff became aware of a June 18, 2015 Supreme Court decision that affects content based sign regulations. This court decision will require staff to conduct a comprehensive review of the sign ordinance and will result in revisions to the sign regulations. At this time staff is proposing minor changes to the sign regulations in city code. The proposed language for entry monument signs, free standing signs and wall signs are not impacted by the recent Supreme Court decision. A summary of the proposed changes is located in the second chart in the staff report. A draft of the proposed ordinance and a red- lined version of proposed changes to City Code Chapter 11.70 (sign permits) are also included in the Planning Commission packet. Staff recommends approval of the Sign Code amendments. MOTION 1: Move to recommend a continuance to the August 24, 2015 meeting. OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Amendment to City Code Chapter 11, Section 11.70 relating to Sign Permits including adding or amending requirements for entry monument signs, free standing signs and wall signs based on the information included in staff report dated August 7, 2015. VIII. PLANNERS' REPORT IX. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 27, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Janet Jeremiah, Community Development Director Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Weber was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JULY 13, 2015 Wuttke had the following changes to the minutes. Page 5, under Subdivision X, 3rd sentence, he would like the first sentence to read; "Since we are at the beginning of the LRT line, he would like to strike, ...." Page 5,under Subdivision 3, 5d'and 6th sentence, he would like the word setbacks changed to step backs. Page 6, Subdivision 7, 5th sentence, he would like it to read"....he does not believe there should be public access to a privately owned courtyard." Page 6, Subdivision 8, 3rd sentence, "He asked if we could have green space and permeable space apply to the infiltration of permeable percent area requirements. MOTION by Wuttke, seconded by Kirk, to approve the amended minutes. Motion carried 5-0. Pieper abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS Eden Prairie Planning Commission Minutes July 27, 2015 Page 2 VI. PUBLIC HEARINGS A. VARIANCE #2015-06 by Eden Prairie Development LLC Location: 14301 Martin Drive Request to: • Permit a free-standing sign zero feet from the property line of a public right of way. City Code requires a ten foot setback in the multi-family residential zoning districts. Scott Carlston, Developer with Martin Blu, presented the proposal. He said they would like the variance for signage. Mr. Carlson utilized the overhead to show where the sign would be located. He said it would be at the intersection of Martin Drive and Mitchell Road and it would be zero (0') feet from the right a way line. He pointed out the location would be right where traffic exists by Buca. Since it is a one way street that is why they are requesting the sign variance. They would like to place it right on the property line. Chair Stoltz asked Klima to review the staff report. Klima said the applicant is requesting a 0 foot setback and given the topography of the area, staff recommends approval based on meeting the 3 part test for hardship. Higgins said under Exhibit A it addresses drainage issues and asked if that is the City's responsibility or the applicant's responsibility. Klima said that would be the applicant's responsibility to apply for a vacation of a portion of the easement. Farr asked if they were requesting a larger sign. Klima said they are not requesting a larger sign. Wuttke asked about out of date ordinances and wasn't the sign language one of these. Klima said the staff will be doing a review of the sign code ordinance. Chair Stoltz asked Mr. Carlston if this signage meets his needs. Mr. Carlston said it does meet his needs. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Pieper, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Pieper, seconded by Farr, to recommend approval of the Final Order #2015-06 based on Exhibit B plans stamp dated July 27, 2015 and the information included in staff report dated July 24, 2015. Motion carried 6-0. B. VARIANCE #2015-07 by Foundation Chiropractic, LLC Location: 6409 City West Parkway Eden Prairie Planning Commission Minutes July 27, 2015 Page 3 Request to: • Permit tenant to have a wall sign in a location that is not on the exterior wall space the tenant occupies. City Code requires wall signs on a multi-tenant building in the commercial zoning district to be placed on the exterior wall space where the tenant occupies. Klima said the application was withdrawn on July 22, 2015. C. VARIANCE #2015-08 by Patrick and Merritt Steidl Location: 7381 Moonlight Lane Request to: • Permit a deck with a rear yard setback of 10 feet. City Code requires a 20 foot minimum rear yard setback in the R1-9.5 zoning district. Pat Steidl presented the proposal. He said they tried to build a deck this summer and ran into some problems. They would like a deck because they have a two year old and there is a 6 foot drop off at the sliding glass door. Chair Stoltz asked Klima to review the staff report. Klima said the variance is requested due to the placement of the home on the lot in order to construct a functional deck. Staff recommends approval. Kirk said he is frustrated because it seems like the builder set up the home owner for a problem and asked if something could be done for future construction so this would not happen again. Klima said the City is now monitoring that with new construction. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Pieper, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Higgins, to recommend approval of the Final Order#2015-08 based on plans stamp dated June 25, 2015 and the information included in the staff report dated July 24, 2015. Motion carried 6-0. D. WAND CORPORATION by Wand Corporation Location: 7575 Corporate Way Request for: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park zoning district on 2.88 acres Dave Perrill, President of Wand Corporation,presented the proposal. He stated they would like to retain the 7605 Corporate Way facility for warehouse purposes and Eden Prairie Planning Commission Minutes July 27, 2015 Page 4 move to 7575 Corporate Way and make it their headquarters. They are expecting to grow and because of that they need a larger facility. This is in line with their five year growth plan. They are requesting a PUD waiver and would like to take out warehouse space and turn it into office space. Chair Stoltz asked Klima to review the staff report. Klima said staff recommendation is for approval based on recommendations in the staff report. Chair Stoltz opened the meeting up for public input. There was no input. Kirk asked what it means by, "waiver is transferable". Klima said if a subsequent applicant can demonstrate the site meets their parking needs, the waiver could transfer from WAND to subsequent users. Pieper asked if the project proponent anticipates 126 employees in 5 years, won't it go over the 85 parking spots. Mr. Perrill said they are utilizing both buildings and some people are working remotely plus there is shift work. MOTION by Farr, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Farr, seconded by Wuttke, to recommend approval of the Planned Unit Development District Review with waivers on 2.88 acres and Zoning District Amendment within the I-2 Zoning District on 2.88 acres based on plans stamp dated July 7, 2015 and the information included in the staff report dated July 24, 2015. Motion carried 6-0. E. CITY CODE AMENDMENT—ESTABLISH A TRANSIT ORIENTED DEVELOPMENT (TOD)ZONING DISTRICT by City of Eden Prairie (Continued Item) Request to: • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulation for the zoning district. Klima said this is a continued item from the July 13t'meeting. Given that input from the meeting, staff has made the needed changes. The notable changes were made to the Applicability section; office uses are now listed as separate uses in the subdistricts; step backs are encouraged for buildings with four stories and less; language was revised for ground floor visibility, sixty foot entry spaced was clarified for commercial use only; bike requirements were decreased and landscaping was revised to give more flexibility. These changes were sent out to the stakeholders and staff has received a letter from Liberty Properties, which is on goldenrod for the Commissions reference. Eden Prairie Planning Commission Minutes July 27, 2015 Page 5 Farr said he wanted to thank staff and commented that the Commission talked about loading dock facilities and would we allow backing from a street into a loading berth. Klima said the end of the ordinance now includes references to 5 other subdivisions. Staff will be coming forward in the future with amendments to address these sections in City Code. Wuttke asked if there were changes to the usable open space. Klima said the changes proposed do not modify the allocations. Higgins asked that when definitions are tweaked through process, could they be put in the TOD Ordinance. Klima said that is a good suggestion. Chair Stoltz opened the meeting up for public input. Tim Goodrum, representing Liberty Properties said their concern is the area in between. They will work with City staff but that is the concern right now where they may be restricted. Wuttke asked when the effectivity of the ordinance will take place. Klima said this ordinance would establish regulations. These regulations are applicable after property has been guided and zoned for TOD. MOTION by Wuttke, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Wuttke, seconded by Kirk, to recommend approval of the Amendment to City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulations for that zoning district based on the information included in the staff report dated July 24, 2015. Motion carried 6-0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL No Members' Report IX. CONTINUING BUSINESS No continuing business. Eden Prairie Planning Commission Minutes July 27, 2015 Page 6 X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Wuttke, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:08 p.m. STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: August 7, 2015 PROJECT: Towneplace Suites LOCATION: 11588 Leona Road APPLICANT: Mark Kronbeck OWNERS: CSM Properties, John Ferrier 120 DAY REVIEW: Expires October 30, 2015 REQUEST: 1. Planned Unit Development Concept Review on 1.87 acres 2. Planned Unit Development District Review with waivers on 1.87 acres 3. Zoning District Amendment within the Commercial Regional Service Zoning District on 1.87 acres 4. Site Plan Review on 1.87 acres BACKGROUND The Comprehensive Guide Plan shows the 1.87 acre property for Regional Commercial land use. Surrounding land uses are also guided Regional Commercial. The property is zoned Commercial Regional Service. SITE PLAN The proposed project is for a 300 square foot building expansion to add a breakfast room. The expansion is proposed at the southeast corner of the western Towneplace Suites building. The breakfast room will provide continental breakfasts to guests at the Towneplace Suites and is not open to the general public. As a part of the expansion to the building, the proponent will be matching the existing exterior material finishes of brick and stone. Also proposed is the installation of 2 bike racks that will accommodate bike parking on site. PLANNED UNIT DEVELOPMENT WAIVER City Code requires a base area ratio (BAR) of up to 0.20. The building addition increases the BAR for this site to 0.21. Staff Report—Towneplace Suites August 7, 2015 Page 2 The following PUD waiver is proposed: 1. To allow a base area ratio (BAR) of 0.21. City Code requires a BAR of 0.20. The addition proposed for the site is located in an area that is existing impervious area maintaining the amount of green space on site. Because the expansion is not adding guest rooms, there are no additional parking requirements. The building materials proposed for the addition exceed City Code requirements and the proponent is adding bicycle parking options to the site. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 1.87 acres 2. Planned Unit Development District Review with waivers on 1.87 acres 3. Zoning District Amendment within the Commercial Regional Service zoning district on 1.87 acres 4. Site Plan Review on 1.87 acres This is based on plans stamp dated July 2, 2015 and the following conditions: 1. Prior to the issuance of a building permit, provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 2. The following waivers have been granted through the PUD District Review for the property: a. To allow a base area ratio (BAR) of 0.21. City Code requires a BAR of 0.20. 3. All signage shall require review and approval of a sign permit. Area Location Map -TownPlace Suites 2015-09 Site Address: 11576 Leona Road, Eden Prairie, Minnesota 55344 gLurill timoncilmomp 1494 1111 141 /T11576LeonaR444 oad li OF / II ,�1 ii . 84 1 1 Prairie Center Drive I -� I pen -oa. ►' Flying Cloud Drive 111 o i CI W I ' 1 Viiril o a :711, --- West 78th Street ii 0 175 35(1 u S Feet x Guide Plan Map -TownPlace Suites 2015-09 11576 Leona Road, Eden Prairie, MN 55344 / Niii --"4".111111111MmEM II -----_------= IAr � ....„.... 1494 .Or lewild 11576 Leona Road .. - I Flying Cloud Drive ----- SITE Ce— L: . A A - . i / , III w t LV LU j�A o Den Road W0 it /•." f A1 LLIi_iw cr WI-! �/� -- • West 78th Street �C�/� • ��� n Pr. 'ri Lan fr�r • 000 0 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised -23-06 DATE Revised 0-01-07 E a E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•WORK•DHEAM M f� Office/Public/Open Space Right—Of—Way 440 220 Oogamm�Me mo1.m_o.„®o�o..o.a, o ..o..440 Feet - Industrial Zoning Map - TownPlace Suites 2015-09 11576 Leona Road, Eden Prairie, MN 55344 per ,.I 494 4g1t411111111111"-- -, 11576 Leona Road IIIIIIIIIIII � SITE Flying Cloud Drive t • ` A F.. NI i ei o II o N Den Road II z / W /,I Prairie Center Drive l" West 78th Street At C^ ..... i etf den�• - ie Z.. `• =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0,075 0.15 Milesm°au_...m..=m._..®..g..o.a.,a ..o....sa..m ,..,,mo, Aerial Map - TownPlace Suites 2015-09 Address11576 Leona Road Eden Prairie, Minnesota 55344 31101 � . _ 7 .�. iv- Ail t.'try - _' ,. 4 - z ; . ( 1494 ' IIPMilk v � }L � - , Gam. 2 "a ..�y ror ' 1 _ • , 'r'i�" 11114,1 Simi_ iii_ — , _ ___ IF_ , . : ' ' 'i 'a.ram. % r \ Y i �Mik W IF1Y1Cbove _ 1 � -- W 4Den Road U =: i - _ .�r� r . Prairie Center Drive , ,.; a i l• , _. _ rl s ...101, West 78th Street { i s yy .r d r `� . 1;Li i 17\AIIIIIif a. • I rII 0k. - { f , • , r 1,„'"i't f r 561 pp. 1,120 Feet._` ,r ,�I. ' Stir „ "� icy 0` „ . A/ STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: August 7, 2015 PROJECT: City West Retail Center LOCATION: 6401 City West Parkway OWNERS: PGJ Properties, LLC and MJJ Properties LLC 120 DAY REVIEW: N/A REQUEST: To permit a buffer between the property line and the parking area that has a distance of 2.5 feet at its closest point. BACKGROUND The Comprehensive Guide Plan designates this property as Neighborhood Commercial. Surrounding land uses are Office. The property is zoned Neighborhood Commercial. The subject site is currently occupied by the City West Retail Center. A development plan for this project was approved by the City in 1984 and a Development Agreement was entered into on July 2, 1985. SITE PLAN This property has been developed as a retail center consistent with the plans approved by the City in 1984. The Development Agreement requires compliance with plans reviewed and approved by the City in 1984. These plans indicate that a buffer of 25 feet between the property line and the parking area is required. With the recent construction associated with Shady Oak Road, the property owner and the City have been negotiating related to the additional property needed for Shady Oak Road. The additional property needed for the roadway results in a buffer area of less than 25 feet. At its closest point to the new right of way line, the buffer area is 2.5 feet wide. The notice of award by condemnation requires that the City grant a variance to the property owner reflecting the adjusted condition. VARIANCE STANDARD Variances may be granted when they are"in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan."Furthermore Staff Report—City West Retail Center August 7, 2015 Page 2 variances may"be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the use of the property as a retail center. Consistent with Comprehensive Plan The Comprehensive Plan guides this property as Neighborhood Commercial. The variance does not change the use of the property and therefore the variance is consistent with the comprehensive plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. • The requested variance will not alter the existing use of the property as a retail center. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: • Road and sidewalk improvements for Shady Oak Road resulted in right of way taking from the property. The taking was necessary to accommodate road and sidewalk improvements to Shady Oak Road. • Due to the improvements in the right of way, conforming to the condition required by the July 2, 1985 Development Agreement is not possible. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: • The requested variance will not alter the existing use of the property as a retail center. REQUESTED COMMISSION ACTION The Commission may wish to choose from one of the following actions: 1. Approve Final Order#2015-09. 2. Approve Final Order#2015-09 with modifications. 3. Continue Variance Request#2015-09 for additional information. 4. Deny Final Order#2015-09. VARIANCE#2015-09 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2015 Applicant: PGJ Properties, LLC and MJJ Properties LLC ADDRESS: 6399 Shady Oak Road OTHER DESCRIPTION: PID #01-116-22-230-011 LOT 10,BLOCK 1, CITY WEST ADDITION VARIANCE REQUEST: • To permit a buffer between the property line and the parking area that has a distance of 2.5 feet at its closest point. The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes No N/A). 2. Variance 2015-09 is: granted modified denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on August 25, 2015; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 5. All Board of Adjustments and Appeals actions are subject to City Council Review. BOARD OF ADJUSTMENTS AND APPEALS N/A=Not Applicable BY: Jon Stoltz—Chair Date: August 10, 2015 EXHIBIT A—FINDINGS FINDINGS 1. The granting of the variance is in harmony with intent and general purposes of the ordinance and the terms of the variance are consistent with the comprehensive plan. • The property is guided for Neighborhood Commercial. • The request variance will not alter the use of the property as a retail center. 2. The property owner proposes to use the property in a reasonable manner. • The requested variance will not alter the existing use of the property as a retail center. 3. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The property is unique for the following reasons: • Road and sidewalk improvements for Shady Oak Road resulted in right of way taking from the property. The taking was necessary to accommodate road and sidewalk improvements to Shady Oak Road. • Due to the improvements in the right of way, conforming to the condition required by the July 2, 1985 Development Agreement is not possible. 4. The variance, if granted, will not alter the essential character of the locality. • The requested variance will not alter the existing use of the property as a retail center. Area Location Map-- Variance Request 2015-09 Address: 6399 through 6409 City West Parkway Eden Prairie, MN 55344 it PI I I I III 111 I 111 Imisz YELLOW ('--,,„.... .....„ W 62ND ST CIRCLE DR P \ ' 7' Ile ` i „I r3 4, D2 0 Of TUM CIR O1 T. / I Shady Oak Road City West Parkway .--__)_.2 �', II*Ww ps Ili ow gm MI c's-ty, ` • biallkt- Vit , WPM. IIII - 1 I I l ' .' no k ,4:. a . * '3 355 710 1, - Ro I I I I I I Guide Plan Map Variance Request #2015-09 6399 through 6409 City West Parkway, Eden Prairie, MN _____ 1111111diggilimil... `� %, elltII , Oka 1IIN ft. City West Parkway 0 4 IShady Oak Road r if iAlp,... . **fil** 4 r— / 4 . *a II I k. '-*4 ... . Jilt ,. . ir Pi L I III). ! ► II Mk .0 i COMPREHENSIVE PLAN UPDATE 2008 Fi:ure 3.2 ,-� 9 Alm Rural Residential 0.10 Units/Acre - Regional Commercial —Metropolitan Urban Service Line(MUSA) Low Density Residential 0-2.5 Units/Acre I=Town Center Creeks Medium Density residential 2.5-10 Units/Acre - Park/Open Space Principal Arterial —A Minor Arterial High Density Residential 10-40 Units/Acre - Public/Quasi-Public - B Minor Arterial nOffice Golf Course — - Major Collector EDEN Airport - Church/Cemetary —Minor Collector - Industrial Open Water DATE Approved 03-19-2003 DATE Revised 10-01-2007 PRAIRIE DATE Revised 01-07-2005 DATE Revised 03-01-2008 Neighborhood Commercial Right-Of-Way DATE Revised 11-07-2005 DATE Adopted10-20-2009 9 9 y DATE Revised 02-23-2006 DATE Revised 03-01-2010 sGE•SORx•DREAM11 DATE Revised 03-23-2006 DATE Revised 03-01-2011 — Community Commercial Airport Property DATE Revised 06-23-2006 DATE Revised 03-01-2012 DATE Revised 12-06-2006 DATE Revised 03-01-2013 DATE Revised 03-01-2007 DATE Revised 03-01-2014 accuracy nor.cc•re=baba DATE Revised 03-0I-2015 a is your ranav iy m.any the auu,:v Source: City of Eden Prairie; Metropolitan Council DATE Revised 06-01-2007 hduding loss of badness.lost pofits.business°_ ;an;;iriaba,of aab;foran damages. Updated through Comprehensive Guide Plan Change Resolution#2014-66 aEa edenprairie.org 0 0.035 0.07 0.14 0.21 0.28 "'G's`°°°r°`D° °^°`Gom Ma,,a,G M„„;, °`0,o„d. Miles Zoning Map Variance Request #2015-09 6399 through 6409 City West Parkway, Eden Prairie, MN --.. 4, 10\ ir _ ' .._• - .___, _. li ._.1 di 7 ___ / .-_- -A-1--1 7 1 / ... opi, Shady Oak Road �� J ��� 0‘/J./.....A �� City West Parkway c \......_ \ , .. / / ii,./ / il .App• . 4;111 / ,/'. , • wiprial pi li . ... ... 444.4% -... ,i)\ \I 4-. -'411 ii City of ti - n Prai ri ,,,1 o I lipri u : - - - =Rural -C-Reg-Ser Regional Service Commercial Shoreland Management Classifications �7 R1-44 One Family-44,000 sf.min. -C-Reg Regional Commercial I NE I Natural Environment Waters 1 V I R1-22 One Family-22,000 sf min. -TC-C Town Center Commercial I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-R Town Center Residential I GD I General Development Waters(Creeks Only) Nip R1-9.5 One Family-9,500 sf min. -TC-MU Town Center Mixed Use I 21 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. 1-2 Industrial Park-2 Acre Min, Updated through approved Ordinances#06-2015 EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. -1-5 Industrial Park- 5Acre Min. rA A-OFC Airport Office -1-Gen General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAT RI E OFC Office -PUB Public Date:March 1,2015 i N-Com Neighborhood Commercial I I GC Golf Course In case of discrepency related to a zoning classification on this zoning map,the Ordinance LIVE•wORx•DREAM and attached legal description on file at Eden Prairie City Center will prevail. -C-Com Community Commercial i I Water -C-Hwy Highway Commercial i I Right of Way very o,[aea=naoie:day damages, _A-CAirportCommercial r A100Year edenprairie.org 00.0326065 0.13 0.195 0.26 Miles Ma,.a;uea°3c�a,.a M3,a �acao3 Aerial Map Variance Request #2015-09 6399 through 6409 City West Parkway, Eden Prairie, MN 1 _ 7' t , CIRC1` f;• r: ` l li. ri..II- I •'1\a1d-1-1 11likiI1l a. ii.--t3:::.!-„--,..".-.)'.',:,k,.; tt 411I .-,'.'.:1..i1i:.0..,1. f' pi �. Shady Oak Road • =. ,ill ..... j_j, _ , , -. - ," '1 City West Parkway . W ��_ �`:- ' - SITE ��„ _ -- ,.....„ . . Planning Department AUG 0 3 2015 City of Ederi-P.roirpie _ , TAW& t 1 i - 0- -44IC:6 k- 1 Olt -- ., . ... ..1 _-•=qPr - ,,.... .,,, ,. - I t ' • . 11 . 4)1 410111 - AO 11111111111! alif 41010.11. U. 4r4W' /INN" A Nil L.: IMP 4154- al*lex . lei i . it 11 -1 . 4 ' t 1 OA ' i Alio k ; , t ', • . , .ro.fp" t ,, ati ' IlLami44._ - ..i . -, ..* . . i • - MO Ora.-ill _ft i 4, • to • , -- - - , _ .. Ilk . h 40-4111116 ill. IL t li IMP ' lt- filla s . , too Slit , . di. Oil tit,. :lab_ %%4 - ' 411111V 1 - ,.4k,:*. , ai. t 16 L ifMMO tilik ' . „ - t t it, • ,, ,_s , tv t i'' t 416. t .i. MO 4111111. .q .. Or:,ois. v lc-..- 101401 •oitt-' as-lbies -la, ' 4171111 _ - 141100144.. . i 4 4t t ' ' - f t ' Lititi't _ Imili _---_._._______ _ .. _ ___ _.._ ,. , _Tier • 1r.la-•••1-0P-- 7 i- -— _ __ ._-• _ - _01. •..,,,,o, ile4 . . ) _ .. _ ___ . . _ IL _. ..._,..._ ---. __: 2.5 Buffer _ IF, 1F,tit JIM& -_ ' - . . _ ... __ ......- - : IlL - -ir tiF AUF ,_-,V1.1111M*- • •- - -------------------*-_ _... _ - _-- ---------....L._ 1 _ _--," 0 t • .,.- - . lw MO t7 . . _ .. ..... _ A.-- 1 . ...-.. . I 0 I I I I I I 0 I 0 ,0 t7 7, - iiii;.-.,A iit_sik_miii,iigusa_kililLza mit/ TV- _ v 2 _ k ' _ A°.416---: _. . * * _ -- . •, .. ,. . . , 41 r 1 , ''WAVAE*.-•' 111,- ' .' - _ 17 1,, :I Am IPP. _:_ _/hp 44 4k . II' _ -Jx .-- 3 X ,- STAFF REPORT: TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: August 7, 2015 SUBJECT: City Code Amendment— City Code Chapter 11, Section 11.70 relating to Sign Permits. BACKGROUND In 2013, staff proposed changes to City Code Section 11.70 (sign permits). The changes were recommended by staff as a result of current trends in sign permit inquiries and requests. In early 2013, Staff and the City Attorney began working to draft changes. The proposed code changes were presented to the Eden Prairie Chamber of Commerce Government Committee. Feedback was positive. The item was then presented to the Planning Commission. The Planning Commission recommended approval of the code changes to City Council. When the code changes were presented to the City Council concerns were discussed which included increased sign clutter, enforcement action on temporary signs, and potential conflicting language in the city code. City Council closed the public hearing and directed staff to revise recommended changes and to reach out to the Eden Prairie Chamber Government Committee and Planning Commission prior to bringing changes forward again. On May 12, 2015 Staff presented proposed sign code changes to the Eden Prairie Chamber of Commerce Government Committee based on the 2013 City Council direction. The proposed changes where feedback was requested included free standing signs, menu boards, directional signs and for lease signs. The Government Committee members suggested that City staff reach out to local commercial real estate organizations for additional stakeholder feedback on temporary"for lease signs". In June 2015, staff met with representatives from the Commercial Real Estate Association (NAIOP), the Minnesota Commercial Association of Real Estate/Realtors (MNCAR), Colliers, CB Richard Ellis and Big Ink Sign Company to obtain feedback on proposed sign code changes. In July 2015, staff worked with a representative from MNCAR to distribute the proposed code language to 63 commercial real estate brokers with 127 active listings within the City to obtain additional comment. Since the outreach to commercial real estate professionals was completed staff became aware of a June 18, 2015 Supreme Court decision that affects content based sign regulations. This court decision will require staff to conduct a comprehensive review of the sign ordinance and will result in revisions to the sign regulations. Any changes considered during this process that are related to content based messages have been delayed pending the comprehensive review of the code. The changes that staff is bringing forward at this time do not affect content. SUMMARY OF POTENTIAL CODE CHANGES The chart below shows the sign sections that were evaluated by City staff, a summary of the current City Code 11.70 (sign permits), a summary of the proposed changes in 2013, and 2015 staff recommendations. Sign Section Summary of Current Summary of Proposed Recommended Evaluated Code Change (2013) Change (2015) City Entry • City Entry New proposal for 2015 Proposal to add a Monument Monument signs not definition for City Signs defined in code. Entry Monument signs. • Code prevents any other signage than those directing Proposal to add City vehicle or pedestrian Entry Monument Signs movements or to the list of exceptions pertaining to traffic to be placed within the control safety to be public right of way. erected in the public right of way. • No sign permit is required for signs erected by a governmental unit or public school district. Wall Signs- • Single tenant New proposal for 2015 Revise code so there is Commercial buildings currently a maximum 300 square Zoning Districts have a 300 sq. ft. feet for wall signs on a maximum wall sign multi-tenant building. size. • There is currently no maximum size sign for multi-tenant buildings. Wall Signs— • Wall sign language New proposal for 2015 Revise code language Industrial and currently references from"accessory use"to Office allowable signage per "rentable space" accessory use. Double face • Signs that are double • Double face sign Revise code so the sign spacing faced have a spacing to 36 inches maximum distance maximum of 18 between signs is 30 inches allowed inches. between sign faces. Specify that the sign width is for free- standing signs only. A draft of the proposed ordinance and a red-lined version of proposed changes to City Code Chapter 11.70 (sign permits) are also included in the Planning Commission packet. The Commission is asked to recommend approval of the proposed sign code ordinance to the City Council. STAFF RECOMMENDATION Staff recommends approval of the Sign Code amendments. SECTION 11.70. SIGN PERMITS. Subd. 1. Purpose and Intent. The purpose of this Section is to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection,use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this Section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this Section; while at the same time assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. Subd.2. Definitions. The following terms,as used in this Section,shall have the meanings stated: 1. "Accessory Sign" - An identification sign relating in its subject matter to or which directs attention to, a business or profession, or to the commodity, service or entertainment sold or offered upon the premises where such sign is located,or to which it is attached. 2. "Address Sign" -Postal identification numbers and/or name,whether written or in numeric form. 3. "Area Identification Sign—Residential" - A free-standing sign located at an entranceway to a residential development identifying such development having a common identity when said sign is located upon the premises which it identifies. 4. "Area Identification Sign—Commercial"—A free-standing sign located at an entranceway to a commercial development identifying such development having a common identity when said sign is located upon the premises which it identifies. The sign may also identify the names of each individual business within the development. Source: Ordinance No. 15-2011 Effective Date: 12-15-11 5. "Banners and"Pennants" -Attention-getting devices which resemble flags. Source: City Code Effective Date: 9-17-82 6. "Canopy and Marquee" -A rooflike structure projecting over the entrance to a building. Source: Ordinance No. 18-91 Effective Date: 8-23-91 7. "Directional Sign" - A sign which is erected on private property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic. Such signs bear no advertising information. Source: City Code Effective Date: 9-17-82 8. "Directional Signs for Places of Worship, Schools, or Publicly Owned Land or Buildings" -A sign which bears the address and/or name of a Place of Worship, school, or publicly owned land or building and a directional arrow pointing to said location. Source:Ordinance No.37-83 Effective Date: 9-30-83 9. "Dynamic Display"—A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components.This also includes any rotating,revolving,moving,flashing,blinking,or animated display and any display that incorporates rotating panels,LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Source:Ordinance No. 10-2008 Effective Date:4-24-2008 10. "Free-standing Sign" -A pylon or monument sign which is placed in the ground and not affixed to any part of any structure. Source: Ordinance No. 18-91 Effective Date: 8-23-91 11. "Garage Sale Sign" -A sign which identifies a sale of household items. Source: Ordinance No.31-94 Effective Date: 9-16-94 12. "Height" - The distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. 13. "Illuminated Sign" -Any sign which is illuminated by an artificial light source. 14. "Institutional Sign" -Any accessory sign which identifies the name and other characteristics of a public or private institution, such as convalescent,nursing,rest,boarding care home or day care center. Source: City Code Effective Date: 9-17-82 15. "Menu Board Sign" - Any sign which has a message related to the site's food service and the copy is manually changed. 16. "Multi-tenant" -Structures containing two or more businesses,uses or occupants. 17. "Nameplace or Identification Sign" -An accessory sign which bears only a name and/or address. 18. "Neighborhood/Sector Sign" - A free standing sign which identifies by name, the section of the City designated on the official sector map. 19. "Newspaper Receptacle" - A box or container intended for the temporary storage of newspapers or magazines prior to delivery. 20. "Newspaper Vending Machines" -A coin-operated machine from which newspapers are sold to the general public. 21. "Non-Accessory Sign" or "Advertising Sign" - A sign relating in its subject matter to, or which directs attention to, a business or profession, or to the commodity, service or entertainment not sold or offered upon the premises where such sign is located,or to which it is attached. 22. "Non-conforming Sign" -A sign which lawfully existed immediately prior to the adoption of this Section, but does not conform to the newly enacted requirements of this Section. Source: City Code Effective Date: 9-17-82 23. "Off-Site Direction Sign" -a sign erected for the purpose of directing traffic to a residential area. 24. "Open House Sign" -A sign which identifies a dwelling which is available for viewing by the public. Source: Ordinance No.31-94 Effective Date: 9-16-94 25. "Parapet Wall" - An architecturally, structurally and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. 26. "Permanent Sign" -Any sign which is not a temporary sign. Source: City Code Effective Date: 9-17-82 27. "Planned Unit Development Area Identification Sign - Commercial" —A free-standing sign located at an entranceway way to a commercial Planned Unit Development identifying such development having a common identity when said sign is located within the PUD area upon which it identifies. The sign may also identify the names of each individual business within the development. Source: Ordinance No. 15-2011 Effective Date: 12/15/11 28. "Planned Unit Development Area Identification Sign - Residential" — A free-standing sign located at an entrance way to a Planned Unit Development identifying a Planned Unit Development land development having a common identity when said sign is located within the PUD area which it identifies. A PUD area identification sign may not identify a tenant or tenants. Source: Ordinance No. 15-2011 Effective Date: 12/15/11 Source: Ordinance No. 18-91 Effective Date: 8-23-91 Prey. Ordinance No.261 Effective Date: 10-25-74 29. "Portable Sign" - A sign so designed as to be movable from one location to another which is not permanently attached to the ground or any structure. 30. "Projecting Sign" -Any sign attached to a building, all or part of which extends more than 12 inches over public property, easements, or private pedestrian space, or which extends more than 12 inches beyond the surface of the portion of the building to which it is attached or beyond the building line. Source: City Code Effective Date: 9-17-82 31. "Readerboard Sign" - Any sign having a message not permanently affixed to the sign face, and the copy is manually changed. Source: Ordinance No. 18-91 Effective Date: 8-23-91 32. "Religious Symbols" - Pictures, designs, sculptures, or similar objects that stand for or suggest religious faith,ideas,or qualities. Source:Ordinance No.37-83 Effective Date: 9-30-83 33. "Roof Sign" -Any sign erected upon or projecting above the roof of a structure to which it is affixed except signs erected below the top(the cap)of a parapet wall. Source:Ordinance No. 114-84 Effective Date: 11-1-84 34. "Shielded Light Source" - Means that all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Direct illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization. 35. "Sign" -Any letter,word or symbol, device,poster,picture, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures which is displayed for informational or communicative purposes. Source:Ordinance No.20-2013 Effective Date: 12-12-2013 36. "Sign Area" -That area which is included in the smallest rectangle which can be made to circumscribe the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing and does not include vertical structural members below the sign face. Source: City Code Effective Date: 9-17-82 37. "Sign Base" -The sign base of a sign shall be any supportive structure below or surrounding the sign area which has location on the ground. The sign base shall not exceed one half the maximum sign size permitted in the zoning district. Source:Ordinance No. 9-87 Effective Date: 5-7-87 38. "Signage Program" - Any application for approval of construction or display of one or more signs under this Section. 39. "Sitting Facility Sign" -A sign which is affixed to a seating facility or enclosure at a transit facility stop. Source: City Code Effective Date: 9-17-82 40. "Street Frontage" - The abutting of a parcel of land to one or more streets, An interior lot has one street frontage, and a corner lot has two such frontages. Each allowed sign must relate to the street frontage generating the allowance. Source: Ordinance No. 18-91 Effective Date: 8-23-91 41. "Temporary Sign" -A sign which is erected or displayed for a limited period of time. 42. "Traffic Sign" -A sign which is erected by a governmental unit for the purpose of regulating, directing or guiding traffic. Source: City Code Effective Date: 9-17-82 43. "Wall Area" - Is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Source:Ordinance No. 114-84 Effective Date: 11-1-84 44. "Wall Sign" -Any sign which is affixed to a wall of any building. 45. "Commercial Speech" - Speech or graphics advertising a business, profession, commodity, service or entertainment. Source: Ordinance No. 17-2005 Effective Date: 9-15-2005 Source: Ordinance No. 11-2004 Effective Date: 4-1-04 46. "Non-Commercial Speech" - Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Source: Ordinance No. 11-2004 Effective Date: 4-1-04 Definition section amended Source:Ordinance No.31-94 and renumbered: Effective Date: 9-16-94 47. "City Entry Monument Sign"-A monument sign,including associated decorative elements,erected by the city to denote entrances into the city. Subd.3. General Provisions Applicable to All Districts. Source: City Code Effective Date: 9-17-82 A. Prohibitions. 1. Non-accessory signs are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70. Source: Ordinance No.2-95 Effective Date: 2-17-95 Prey.Ordinance No. 105-84 Effective Date: 9-20-84 2. Accessory signs are prohibited in all districts,except as authorized by this Section. B. All signs shall be constructed in such a manager and of such material that they shall be safe and substantial, provided that nothing in this Section shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building provisions of the City Code. All signs must be maintained in a safe non-deteriorating manner. Cracked,broken or bent, glass,plastic, wood or metal and burnt-out light bulbs and peeling, faded,or cracked paint must be repaired,replaced,or removed. Source: City Code Effective Date: 9-17-82 C. Dynamic Displays are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70. Source: Ordinance No.10-2008 Effective Date:4-24-2008 Prey. Source: Ordinance No.17-2005 Effective Date: 9-15-2005 Prey. Source: Ordinance No. 1-90 Effective Date: 2-1-90 D. No sign other than those directing vehicle or pedestrian movements or pertaining to traffic control or safety shall be erected or temporarily placed within any street right of way or upon any public easement. No sign other than those directing vehicle or pedestrian movements, those pertaining to traffic control or safety, or City Entry Monument signs shall be erected or temporarily placed within any street right-of-way or upon any public easement. Source: Ordinance No.17 2005 Effective Date: 9 15 2005 E. A permit for a sign to be located within 50 feet of any street or highway regulatory or warning sign, or of any traffic sign or signal,or of any crossroad or crosswalk,will be issued only if: 1. The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign,or any traffic sign or signal,or any crossroad or crosswalk,and, 2. The sign will not distract drivers, nor offer any confusion to any street or highway sign, or any traffic sign or signal,and, 3. The sign will not obstruct the clear visibility for sign of traffic and/or pedestrian movement. F. Roof signs are prohibited in all districts. Source: City Code Effective Date: 9-17-82 G. Air inflated devices, banners, pennants and whirling devices, or any such sign resembling the same, are prohibited from use within the City. Source: Ordinance No.17-2005 Effective Date: 9-15-2005 H. Notwithstanding any other provisions of this Section, all signs of any size containing Non-Commercial Speech may be posted 46 days before the state primary in a state general election year until ten(10) days following the state general election in any general election year and thirteen(13)weeks prior to any special election until ten(10)days following the special election. Source: Ordinance No.7-2010 Effective Date: 5-13-2010 Prey. Ordinance No. 11-2004 Effective Date: 4-1-2004 Prey.Ordinance No. 18-91 Effective Date: 8-23-91 One temporary identification sign may be installed upon any construction site in any district denoting the name of the project, architect, engineer, contractor, subcontractor and suppliers, provided such sign does not exceed 32 square feet in area and ten feet in height. Such signs shall be removed upon completion of construction,or the occupancy of the building,whichever occurs first. Source: City Code Effective Date: 9-17-82 J. Temporary project signs. 1. For the purposes of this item J. "project" is defined as land (a) encompassed within a plat or a Registered Land Survey approved by the Council within which two(2)or more dwellings are permitted in accordance with City Code,or (b) for which approval has been given by the Council of a Site Plan and Architectural Design pursuant to City Code Section 11.03, Subd. 6 within which two(2)or more dwellings are permitted in accordance with such approval. For purposes of this subparagraph J. no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project shall operate to create an additional project or projects within that land or any part thereof. 2. Temporary signs may be erected within a project for the purpose of selling or leasing the dwellings contained therein provided: (a) A sign shall not exceed 32 square feet in area. (b) Not more than one(1)sign for a project may be erected. (c) All signs shall be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. 3. Temporary off-site directional signs may be erected for the purpose of selling or leasing the dwellings in a project in accordance with the following limitations: (a) Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units,whichever is greater: Number of Acres or Number Dwellings in a Project of (whichever is greater) Signs 2- 10 6 11 or more 12 (b) Signs may be erected only from 10:00 p.m.Friday to 6:00 a.m.Monday. (c) Signs shall not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. d) Signs may be placed on land only with the land owner's permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and shall not interfere with traffic visibility. (e) Only one (1) sign per project shall be installed upon a lot,registered land tract, or parcel (described by metes and bounds)of land. (f) Each sign shall include the name and telephone number of the owner of the sign. (g) Signs may not be placed more than(2)miles from the project. (h) Signs for annual metro-wide events, such as the Parade of Homes, may be used for the duration of the event." K. Temporary Single Property Signs. 1. For purposes of this subparagraph K. a "single property" is defined as a single lot. Registered Land Survey tract or parcel(described by metes and bounds)of land with or without one or more buildings erected thereon or(b) an individual condominium. A lot, Registered Land Survey tract or parcel(described by metes and bounds)within a project as defined in subparagraph J. shall not constitute a single property with respect to the first sale of each building or condominium situated on the lot, Registered Land Survey tract or parcel, but shall be deemed a single property with respect to sales,after the first sale of each such building or condominium thereon. 2. Temporary signs may be erected on a single property for the purpose of selling or leasing the single property on which it is situated,in accordance with the following limitations: (a) A sign shall not exceed (i) six (6) square feet for a single property (A) on which is situated a dwelling or(B)which is vacant and located within the One-Family Residential District or the Rural District, (C) on which a structure or structures situated thereon are 90%or more,but less than 100%, occupied(as measured by floor area), or(ii)32 square feet for a single property(other than that described in(i)hereof)(A)on which a structure or structures situated thereon are less than 90% occupied (as measured by floor area) or (B)is vacant. (b) Not more than one sign for a single property may be erected. (c) A sign shall be removed within seven (7) days following the lease or sale of the single property. 3. Temporary off-site directional signs may be erected for the purpose of selling or leasing a single property in accordance with the following limitations: (a) No more than two (2) off-site directional signs may be erected for the sale or lease of a single property. (b) Signs may be erected only from 10:00 p.m. Friday to 6:00 a.m. Monday and 9:00 a.m. to 3:00 p.m.on Tuesday. Source: Ordinance No. 12-2008 Effective Date:4-24-2008 (c) Signs shall not exceed six(6) square feet in size and shall not be higher than four(4) feet above the ground. (d) Signs may be placed on land only with the owners permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and shall not interfere with traffic visibility. (e) Only one sign for a single property may be installed upon a lot, Registered Land Survey tract,or parcel(as measured by metes and bounds)of land. (f) Each sign shall include the name and telephone number of the owner of the sign. (g) Signs may not be placed more than two(2)miles from the project. Source: Ordinance No.31-94 Effective Date: 9-16-94 L. Up to three flags containing Non-Commercial Speech only may be displayed upon a lot. Each flag may not exceed one hundred (100) square feet in size. Flag pole height must comply with height regulations contained in Section 11.03, Subd.3.F.of the City Code. Effective Date: 9-15-2005 Source: Ordinance No. 18-91 Effective Date: 8-23-91 1 M. The total sign area of any multi-faced free-standing sign shall not exceed twice the permitted area of a single faced sign. Source: City Code Effective Date: 9-17-82 N. A directional sign shall not exceed 6 square feet in area. The total of all directional signs upon a site shall not exceed 36 square feet. Source: Ordinance No. 18-91 Effective Date: 8-23-91 O. Repealed. Source: 10-2008 Effective Date: 4-24-2008 P. No portable signs shall be permitted. Source: Ordinance No. 18-91 Effective Date: 8-23-91 Q. Projecting signs are prohibited in all districts. Source: City Code Effective Date: 9-17-82 R. Address signs shall not exceed six square feet for residential and forty square feet for non-residential. One sign shall be required per building. One additional sign is allowed per street frontage in excess of one street frontage. Source: Ordinance No. 18-91 Effective Date: 8-23-91 S. Sitting facility signs noting the transit operator or service shall be permitted only at transit stops. Source: Ordinance No. 18-91 Effective Date: 8-23-91 (Prey.Ordinance No. 18-82 Effective Date: 9-17-82) T. Directional signs for Places of Worship, schools, or publicly owned land or buildings shall be allowed as permitted by Subdivision 4 hereof. Source:Ordinance No.37-83 Effective Date: 9-30-83 U. Canopies, marquees and parapet walls shall be considered to be an integral part of the structure to which they are accessory. Signs, if accessory, may be attached to a canopy, marquee or parapet wall, but such structures shall not be considered as part of the wall area,and thus shall not warrant additional sign area. V. Signs which are located on the interior of a building and are not visible from outside of said building shall be exempt from the provisions of this Section,and shall not require permits or payment of fees. W. No sign shall be attached to any tree or vegetation or utility pole. Source: City Code Effective Date: 9-17-82 X. Freestanding signs that are l-double faced signs shall be placed back to back with not more than 30" 4-82 between facings. Source: Ordinance No. 1-90 Effective Date: 2-1-90 1 Y. Two (2) temporary directional garage sale signs, not to exceed six (6) square feet shall be allowed in a residential district one (1) day prior to the sale, and shall be removed one(1) day after the sale, but in any event shall not exceed five (5) days. One (1) garage sale sign not to exceed six (6) square feet shall be allowed on the garage sale site. Source: Ordinance No.31-94 Effective Date: 9-16-94 Z. Sign Removal. When any sign or the message portion of any sign was or shall be caused to be removed by the City Manager or a designee, sign owner or property owner, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc., shall also be removed. The permittee, or owner of premises, or possessor of premises, or the owner of the sign shall be jointly and severally responsible for sign removal. Source: Ordinance No. 18-91 Effective Date: 8-23-91 AA. Sign permits will not be issued for signs containing Commercial Speech which bear misleading or false information or any sign which includes information inconsistent with zoning and/or land use. Source: Ordinance No. 11-2004 Effective Date: 4-1-2004 BB. Newspaper receptacles shall not display advertising legends or be obtrusive in color. Source: City Code Effective Date: 9-17-82 CC. A Residential or Commercial Planned Unit Development must contain at least two (2) contiguous lots to support an Area Identification Sign — Residential or an Area Identification Sign — Commercial, respectively. Source:Ordinance No. 15-2011 Effective Date: 12-15-2011 Source:Ordinance No. 14-2000 Effective Date:4-27-2000 DD. The sign base shall not exceed one half the maximum sign size permitted in the zoning district. Source:Ordinance No.9-87 Effective Date: 5-7-87 EE. Temporary Help Wanted Sign. One temporary help wanted sign per lot for the purpose of hiring persons to work on the property shall be permitted on the property provided such signs do not exceed 32 square feet and is removed within 14 days. Source: Ordinance No. 1-90 Effective Date: 2-1-90 FF. Readerboard Sign. Such signs may be used within a District's permitted sign area. GG. Menu Board Sign. One menu board sign per restaurant use with a drive-thru facility. Such sign shall not exceed 32 square feet in size nor greater than eight feet in height. Such sign is in addition to the free- standing or wall sign in the District. Source: Ordinance No. 18-91 Effective Date: 8-23-91 HH. Temporary Outdoor Display Area Sign. Where temporary outdoor display areas are permitted one(1) sign not to exceed thirty-two(32)square feet in area and six(6)feet in height may be located on the same site as the outdoor display area and is limited in time to less than sixty(60)days. The sign may not appear before the commencement of the outdoor display area and must be removed concurrently with the outdoor display area. Source: Ordinance No. 50-94 Effective Date: 1-6-95 IL Not withstanding anything to the contrary in this Section, signs containing Non-Commercial Speech are permitted in all Districts and are subject to only the following Subsections of Section 11.70, Subd. 3: B,C, D, E, F, G, H, L, M, 0, Q, V, W, X, Z and AA. Non-commercial signs are also subject to individual District setback and height regulations. The owner of any sign which is otherwise allowed by this Code may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. Source: Ordinance No. 17-2005 Effective Date: 9-15-2005 Prey. Ordinance No.3 3-2004 Effective Date: 12-30-2004 Prey.Ordinance No. 11-2004 Effective Date: 4-1-2004 Subd. 4. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district, and shall be regulated as to size, location and character according to the requirements herein set forth. Source: City Code Effective Date: 9-17-82 A. Residential Districts R,R-1,RM: Source: Ordinance No. 18-91 Effective Date: 8-23-91 Prey.Ordinance No. 72-84 Effective Date:4-05-84 1. Identification Signs. One identification sign or symbol per building not greater than six square feet in area,provided such sign is attached flat against a wall of a building. Source: City Code Effective Date: 9-17-82 2. Area Identification Signs. One area identification sign per development, per street entrance, providing such sign does not exceed 32 square feet in area. 3. Sign Setback. Signs shall be placed no closer than ten feet to any street right-of-way line. Source: Ordinance No. 18-91 Effective Date: 8-23-91 4. Maximum Height of Free-Standing Signs: Six feet. 5. Sign Base. (Refer to Subdivision 3, Subparagraph DD). 1 6. Institutional Signs. One sign per street frontage identifying an institution or an institutional complex shall be permitted within a multiple residential district. Such sign shall not exceed 24 square feet in area. Source: City Code Effective Date: 9-17-82 7. Temporary Signs. Shall be permitted only as permitted in Subdivision 3. 8. Directional Signs: (Refer to Subdivision 3). 9. Repealed. Source: Ordinance No.33-2004 Effective Date: 12-30-2004 B. Commercial Districts: N-Corn,C-Corn,C-Hwy,C-Reg-Ser,C-Reg. Source: Ordinance No.72-84 Effective Date: 4-5-84 1. Free-standing Signs: a. A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. b. Where a building site has two or more frontages, one free-standing 80 square foot sign shall be permitted along one frontage. Additional frontages may each be permitted a free-standing sign not to exceed 36 square feet. Furthermore, in no case shall any free- standing sign be closer than 300 feet to any other free-standing sign upon a building site. The distance between signs is to be measured from the edge of a sign face via a straight line. Menuboards and directional signs are exempt from this requirement. c. A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign,either a free-standing sign or PUD identification sign. d. Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. e. Setback: No sign shall be placed closer than 20 feet to any street right-of-way. Where parking occurs within ❑ the required front yard setback, no sign shall be placed closer than 15 feet to any street right-of-way. f. Height: Maximum height of free-standing signs shall not exceed 20 feet. g. Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: a. The total area of a wall sign on any wall of a single tenant building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5%of the wall area in excess of 500 square feet,provided that the maximum sign area for any wall sign shall be 300 square feet. b. Wall area shall be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5%of the wall area in excess of 500 square feet. The sign area of a wall sign in a multi-tenant building shall not exceed 300 square feet. c. Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Sign Design: Signs for a multi-tenant building shall be located on the building in an uniform manner or within an architectural sign band area. 4. Deleted. Source: Ordinance No.17-2005 Effective Date: 9-15-2005 5. Pump Signs: Lettering or symbols which are an integral part of the design of a gasoline pump and not mounted above the pump body shall be permitted. 6. Restroom Signs: Signs indicating the location of restrooms and containing no advertising information shall be permitted. Sign shall not exceed three square feet. 7. Except as otherwise provided in Subd. 3, other temporary signs may occupy the remainder of the area allowed but not utilized for a permanent sign, provided that the total area for any temporary sign shall never exceed fifty square feet. Source: Ordinance No.17-2005 Effective Date: 9-15-2005 8. Directional Signs: (Refer to Subdivision 3, Subparagraph N). 9. Menu Board: (Refer to Subdivision 3, Subparagraph GG). 10. Repealed. Source: Ordinance No. 33-2004 Effective Date: 12-30-2004 C. Office District 1. Free-standing Signs: a. A building site having one street frontage may have one free-standing sign not to exceed 50 square feet. b. Where a building site has two or more frontages, one free-standing 50 square foot sign shall be permitted, and the additional frontages may each be permitted a free-standing sign not to exceed 36 square feet. c. A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 50 square feet. In no case shall a frontage have more than one sign,either a free-standing sign or PUD identification sign. d. Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. e. Setback: No sign shall be placed closer than 10 feet to any street right-of-way. f. Height: Maximum height of free-standing signs shall not exceed 8 feet. g. Sign Base: (Refer to Subdivision 3, Subparagraph DD). Source: Ordinance No. 18-91 Effective Date: 8-23-91 Prey.Ordinance No. 9-87 Effective Date: 5-7-87 2. Wall Signs: (a) One building identification sign per wall per street frontage not to exceed 50 square feet is permitted. (b) One identification wall sign per accessory use rentable space attached to the exterior wall of the building at the ground floor not to exceed 30 square feet is permitted. (c) Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Temporary Signs: (Refer to Subdivision 3). 4. Directional Signs: (Refer to Subdivision 3, Subparagraph N). Source: City Code Effective Date: 9-17-82 5. Repealed. Source: Ordinance No.33-2004 Effective Date: 12-30-2004 D. Industrial District: I-2,I-5,I-GEN: 1. Free-standing Signs: (a) A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. (b) Where a building site has two or more frontages, one free-standing 80 square foot sign shall be permitted, and the additional frontages may each be permitted a free-standing sign not to exceed 50 square feet. (c) A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign,either a free-standing sign or PUD identification sign. (d) Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. (e) Setback: No sign shall be placed closer than 10 feet to any street right-of-way. (f) Height: Maximum height of free-standing signs shall not exceed 8 feet. (g) Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: (a) One building identification sign per wall per street frontage not to exceed 80 square feet is permitted. (b) One identification wall sign per accessory use rentable space attached to the exterior wall of the building at the ground floor not to exceed 10%of the wall area that tenant occupies of the wall to which it is affixed,or a maximum of 50 square feet. (c) Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Temporary Signs: (Refer to Subdivision 3). 4. Directional Signs: (Refer to Subdivision 3, Subparagraph N). 5. Sign Design: All signs shall be uniform in design and color and placement. 6. Address: Address signs may be placed on rear door with three-inch high numerals. Source: Ordinance No. 18-91 Effective Date: 8-23-91 7. Repealed. Source: Ordinance No.33-2004 Effective Date: 12-30-2004 E. Planned Unit Development(PUD)With Multiple Uses. Source: Ordinance No.3-2000 Effective Date: 1-27-00 1. That the developer submit after approval of the P.U.D., a schematic plan for informational, directional and advertising signage,explaining and illustrating: (a) Purpose of signage program and each sign. (b) Location-rezoning for plan. (c) Size - research data must be provided to prove to the City the need for signs larger than those normally allowed within this Section. (d) Design. (e) Material-color,texture,durability,type. (f) Information Needed-during sales programs. (g) Final use or removal of signs. (h) Maintenance responsibilities and legal commitments. (i) Site and landscape plans which depict the design of the area surrounding the structure. 2. The signage program may include,but shall not be limited to: (a) Sector identification signs if approved by the Council. (b) Neighborhood markers which appear at the entrance to established neighborhood developments. (c) Area/project identification signs marking housing, commercial, institutional and public mini-neighborhoods or clusters. (d) Individualized building name or number signs shall be allowed in accord with this Section,or as an approved element of architectural design. Source: City Code Effective Date: 12-21-99 F. Public District. 1. Free-standing Signs: (a) A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. Source: City Code Effective Date: 9-17-82 Source: Ordinance 8-2008 Effective Date: 3-27-2008 (b) Where a building site has two or more frontages, one free-standing 80 square foot sign shall be permitted, and the additional frontages may each be permitted a free-standing sign not to exceed 36 square feet. Source: Ordinance 8-2008 Effective Date: 3-27-2008 (c) A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign,either a free-standing sign or an area identification sign. (d) Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. (e) Setback: No sign shall be placed closer than 10 feet to any street right-of-way. (f) Height: Maximum height of free-standing signs shall not exceed 8 feet. (g) Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: (a) One building identification sign per wall per street frontage not to exceed 50 square feet is permitted. (b) One identification wall sign per accessory use attached to the exterior wall of the building at the ground floor not to exceed 30 square feet is permitted. (c) Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. (d) Signs shall be uniform in design. Source: Ordinance 8-2008 Effective Date: 3-27-2008 3. Off-site Directional Signs: Two additional Place of Worship, school, or publicly owned land or building directional signs shall be permitted in locations other than the lot,parcel, or tract of land which it applies. Said signs shall be erected on non-public land, or if the sign is one owned by a public body, such directional sign may be erected upon publicly owned property provided: (a) The maximum size of the sign shall not exceed 3 square feet. (b) The owner's permission must be obtained. (c) The sign shall be a minimum height of 4 feet,maximum height of 6 feet. (d) Signs shall be uniform in design. 4. Religious Symbols: Religious symbols shall not be considered part of the free-standing sign or wall sign area. Source: Ordinance 8-2008 Effective Date: 3-27-2008 5. Sign Program: The signage program will be reviewed by the City Planner. 6. Temporary Signs: Temporary signs shall be permitted for a period not to exceed ten days. Such signs shall be not higher than 8 feet and not larger than 32 square feet. Source: Ordinance No.17-2005 Effective Date: 9-15-2005 7. Directional Signs: Directional signs to Places of Worship, schools, or publicly owned land or buildings in existence on the effective date of this Section or amendments thereto, which do not conform to these regulations,shall be allowed to continue in use as provided in Section 11.75. Source: Ordinance No. 18-91 Effective Date: 8-23-91 Prey.Ordinance No. 37-83 Effective Date: 9-30-83 8. Sign Base: (Refer to Subdivision 3, Subparagraph DD). Source: Ordinance No. 18-91 Effective Date: 8-23-91 Prey.Ordinance No. 9-87 Effective Date: 5-7-87 G. Golf Course District Source: Ordinance No.2-2007 Effective Date: 1-23-07 1. Free-standing Signs: (a) One sign per street frontage is allowed provided the total area of such sign shall not exceed 50 square feet. (b) Setback:No sign shall be placed closer than 10 feet to any street right-of-way. (c) Height:Maximum height of free-standing signs shall not exceed 8 feet. (d) Sign Base: (Refer to Sub. 3,paragraph DD). 2. Wall Signs: One sign per building not to exceed 24 square feet in area.Where a building is located on a corner lot,one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All walls signs shall be uniform in design. 3. Temporary Signs: Temporary signs shall be permitted for a period not to exceed ten days. Such signs shall be not higher than 8 feet and not larger than 32 square feet. H. Airport. 1. Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airport Commission. (a) Walls not facing runway: The total area of all wall signs on any wall of a building shall not exceed 15% of the wall area when the wall area does not exceed 500 square feet. When the wall areas exceeds 500 square feet,the total area of a wall sign shall not exceed 75 square feet, plus 5% of the wall area in excess of 500 square feet, provided that the maximum sign area for any wall sign shall be 300 square feet. Wall area shall be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. (b) Walls facing runway: The total area of all wall signs shall not exceed 30% of the wall area. The maximum total sign area shall be 400 square feet. Wall area shall be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. 2. Free-standing Signs: Are permitted only on sites of buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airport Commission. Two free- standing accessory signs shall be permitted for each building site,provided one of the signs is on the side of the building facing the runway. The total area of each sign shall not exceed 80 square feet. The maximum height of free-standing signs shall not exceed 20 feet. 3. Area Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One sign per street frontage is allowed. Area Identification signs shall not exceed 80 square feet and shall not exceed a maximum height of 20 feet. 4. Gate Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One sign at each gate is allowed. Gate identification signs shall not exceed 32 square feet and shall not exceed a height of 10 feet. 5. Building Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One such sign per building is allowed. Building identification signs shall not exceed 6 square feet and must be attached flat against the wall of the building. 6. No other sign is permitted. Source: Ordinance No. 114-84 Effective Date: 11-1-84 Subd.5. Administration and Enforcement. A. Permits. Except as provided in Subparagraph D below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, shall file application with the City for permission to display such sign. Permits must be acquired for all existing, new, relocated, modified or redesigned signs except those specifically excepted below. The applicant shall submit with the application, a complete description of the sign and a sketch showing its size, location, manner of construction and such other information as shall be necessary to inform the Building Official of the kind, size, material, construction and location of the sign. The applicant shall also submit at the time of application, the application fee required under Subparagraph B below. The City Manager or the City Manager's designee I shall approve or deny the sign permit no more than 30 days from the receipt of the complete application, including applicable fee. If a sign authorized by permit has not been installed within three months after the date of issuance of said permit,the permit shall become null and void. Source: Ordinance No. 17-2005 Effective Date: 9-15-2005 B. Fees.An application or request for an amendment of this Section or for a permit,variance or other approval relating to this Section shall be set by the Council by ordinance. Source: Ordinance No. 17-2005 Effective Date: 9-15-2005 C. Sign Identification Tag. For any sign for which a permit is required under the provisions of this Section, the permittee shall acquire from the City a tag which shall be conspicuously attached to the lower left front surface of the sign. Such tag shall indicate the number of the sign permit and the date of issuance. Permits and tags must be acquired, and application fees paid for all non-exempt signs existing at the time of adoption of this Section. D. Exemptions: The exemptions permitted by this Subdivision shall apply only to the requirement of a permit, and shall not be construed as excusing the installer of the sign,or the owner of the property upon which the sign is located, from conforming with the other provisions of this Section. No permit is required under this Subdivision for the following signs: 1. A window sign placed within a building and not exceeding 10%of the window area. 2. Signs erected by a governmental unit or public school district. Source: Ordinance No. 17-2005 Effective Date: 9-15-2005 3. Temporary signs as listed in Subdivision 3, Subparagraph H,I,J,K and Y. Source: Ordinance No. 17-2005 Effective Date: 9-15-2005 4. Memorial signs or tablets containing the name of the building, its use and date of erection when cut or built into the walls of the building and constructed of bronze,stone,or marble. 5. Signs which are completely within a building and are not visible from the outside of the building. Source: Ordinance No. 11-2004 Effective Date: 4-1-2004 6. Portable Signs containing Non-Commercial Speech. Source: City Code Effective Date: 9-17-82 7. Signs six(6)square feet or less in size. Source: Ordinance No. 17-2005 Effective Date: 9-15-2005 E. Violations and Fines. If the Chief Building Official or a deputy shall find any sign regulated by this Section is prohibited as to size, location, content, type, number, height or method of construction, or is unsafe, insecure, or a menace to the public, or if any sign (for which a permit is required) has been constructed or erected without a permit (having) first (been) granted to the installer of said sign, or to the owner of the property upon which said sign has been erected,or is improperly maintained,or is in violation of any other provisions of this Section, he shall give written notice of such violation to the owner(of such property)or(the)permittee. If the permittee or owner(of such property)fails to remove or alter the sign so as to comply with the provisions set forth in this Section within(3)days following receipt of said notice: Source:Ordinance No.33-2004 Effective Date: 12-30-2004 Prey.Ordinance No. 105-84 Effective Date: 9-19-84 1. Such sign shall be deemed to be a nuisance, and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located;and, Source: City Code Effective Date: 9-17-82 2. It is unlawful for any permittee or owner to violate the provisions of this Section. Each period of (3) days within which the sign is not removed or altered shall be deemed to constitute another violation of this Section. No additional licenses shall be granted to anyone in violation of the terms of this Section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the Chief Building Inspector, have been made towards the correction of said violation. The Inspector may also withhold building permits for any construction related to a sign maintained in violation of this Section. Pursuant to Minnesota Statutes Annotated 160.27, the Chief Building Official, or his deputy, shall have the power to remove and destroy signs placed on street right-of-way with no such notice of violation required. Source:Ordinance No. 105-84 Effective Date: 9-19-84 3. Appeals and Variances. A permit applicant or permit holder may appeal any order or determination made by the Chief Building Official or a deputy pursuant to this Section by filing a written appeal with the City Clerk within ten (10) days of the mailing of notice of the order or determination to the applicant or holder. A notice of appeal shall be in writing and must be personally served upon the City Clerk or deputy within the time provided. A permit applicant or permit holder may also request a hearing for a variance from the literal terms of this Section before the Board of Appeals and Adjustments by filing a form provided by the City and paying the prescribed fees to the City Clerk. Request for variances from the literal provisions of this Section shall only be granted in accordance with City Code Section 2.26. Source:Ordinance No. 17-2005 Effective Date: 9-15-2005 Prey.Ordinance No. 78-13 Effective Date: 5-26-78 4. With respect to signs distributed or posted by a person, committee, or organization except pursuant to a lease or license with the property owner, the written notice of violation required by Subd. S.E. herein may be given to the person, committee or organization who prepares, disseminates, issues, posts, installs or owns the sign, or the persons, committee or organization who causes the preparation, dissemination, issuance, posting, or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, organization, owner or occupant fails to remove or alter the sign so as to comply with the provision set forth in this Section within 3 days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, organization, owner, or occupant shall be subject to the same liabilities and penalties as are permittees and owners under Subd. S.E. 1. and 2. I Source:Ordinance No. 17-2005 Effective Date: 9-15-2005 Prey.Ordinance No. 105-84 Effective Date: 9-20-84 Subd.6. Repealed. Source:Ordinance No. 17-2005 Effective Date: 9-15-2005 Subd.7. Dynamic Displays. A. Findings. Studies show that there is a correlation between Dynamic Displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns,there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic Displays are permitted solely as Free-standing Signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg-Ser), Community Commercial (C-Com), Neighborhood Commercial (N- Com) Office (OFC), Town Center (TC-C), Public (Pu),and Industrial(I,I-2,I-5 &I-Gen)zoning districts. C. Duration of Image. A Dynamic Display's image, or any portion thereof, may not change more often than once every 20 minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display,but the time, date, or temperature information itself may change no more often than once every three seconds. D. Transition. If a Dynamic Display's image or any portion thereof changes, the change sequence must instantaneous without any special effects. E. Prohibition on Video Display. No portion of a Dynamic Display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a Dynamic Display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic Displays shall not be equipped with audio speakers. H. Malfunctions.Dynamic Displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic Displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the City that it is not complying with the standards of this ordinance. Brightness. All Dynamic Displays shall meet the following brightness standards: 1. No Dynamic Display may exceed a maximum illumination of 5,000 nits (candelas per square meter)during daylight hours and a maximum illumination of 500 nits(candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. 2. All Dynamic Displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign's brightness to comply with the requirements of this Section. 3. No Dynamic Display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign,device or signal. 4. The owner or controller of the Dynamic Display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. 5. A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. J. Dynamic displays are allowed only on free standing signs in the permitted districts.Dynamic displays may occupy no more than 35%percent of the actual copy and graphic area.The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one,contiguous dynamic display area is allowed on a sign face. Source: Ordinance No.10-2008 Effective Date: 4-24-2008 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 SECTION 11.70 RELATING TO SIGN PERMITS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Section 11.70, Subdivision 2, item 47 is added as follows: "City Entry Monument Sign" - A monument sign, including associated decorative elements, erected by the city to denote entrances into the city." Section 2 City Code Section 11.70, Subdivision 3. D. is amended in its entirety as follows: "No sign other than those directing vehicle or pedestrian movements, those pertaining to traffic control or safety, or City Entry Monument signs shall be erected or temporarily placed within any street right-of-way or upon any public easement." Section 3. City Code Section 11.70, Subdivision 3. N. is amended by deleting the following sentence: "The total of all directional signs upon a site shall not exceed 36 square feet." Section 4. City Code Section 11.70, Subdivision 3. X. is amended by adding at the beginning of the sentence the words "Freestanding signs that are"; changing the word "Double"to lower case; and changing the number of feet from 18" to 30" so that the sentence as amended provides: "Freestanding signs that are double faced signs shall be placed back to back with not more than 30" between facings." Section 5. City Code Section 11.70, Subdivision 4. B. 2. b. is amended by adding the following sentence as the end of the paragraph b: "The sign area of a wall sign in a multi-tenant building shall not exceed 300 square feet." Section 6. City Code Section 11.70, Subdivision 4. C. 2 (b) is amended by deleting the word "tenant" and replacing it with the words "rentable space". Section 7. City Code Section 11.70, Subdivision 4. D. 2 (b) is amended by deleting the word "tenant" and replacing it with the words "rentable space". Section 8. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_day of 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2015. PROJECT PROFILE - AUGUST 3, 2015 PLANNING COMMISSION - AUGUST 10, 2015 1. TOWNPLACE SUITES (2015-09)by Alliant Engineering. (JULIE) Proposal for a 300 square foot addition to the existing Townplace Suites Location: 11588 Leona Road Contact: Mark Kronbeck, 612-767-9338 Request for: • PUD Concept Review on 1.87 acres • Planned Unit Development District Review with waivers on 1.87 acres • Zoning District Amendment within the Commercial-Regional-Services District on 1.87 acres • Site Plan Review on 1.87 acres Application Info Planning Commission City Council Date Submitted 06/05/15 Notice to Paper Date Notice to Paper Date Date Complete 07/02/15 Resident Notice Date Resident Notice Date 120 Day Deadline 10/30/15 Meeting Date 8/10/15 1st Meeting Date Initial DRC review 06/11/15 2nd Meeting Date 2. VARIANCE #2015-09 by PGJ Properties, LLC and MJJ Properties LLC. (JULIE) Proposal to reduce a minimum 25 foot landscape buffer zone. Location: 6401 City West Parkway Contact: PGJ Properties, LLC and MJJ Properties, LLC Request to: • Reduce a minimum 25 foot buffer located along the western border of the subject property as required by that certain Developer's Agreement dated July 2, 1985. 3. SIGN CODE AMENDMENT (REGINA) City Code Chapter 11, Section 11.70 relating to Sign Permits including adding or amending requirements for entry monument signs,free standing signs and wall signs. Contact: Regina Dean, 952-949-8490 Application Info Planning Commission City Council Date Submitted N/A Notice to Paper Date 7-10-15 Notice to Paper Date Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline N/A Meeting Date 8-10-15 1st Meeting Date Initial DRC review N/A 2nd Meeting Date 1 CONSERVATION COMMISSION - AUGUST 11, 2015 HERITAGE PRESERVATION COMMISSION - AUGUST 17, 2015 CITY COUNCIL WORKSHOP - AUGUST 18, 2015 1. DESIGN STANDARDS PRESENTATION CITY COUNCIL HPC AWARD PRESENTATION - AUGUST 18, 2015 1. 1sT ANNUAL HERITAGE PRESERVATION AWARD PRESENTATION (LORI) CITY COUNCIL PUBLIC HEARING - AUGUST 18, 2015 1. COMFORT INN EDEN PRAIRIE (2015-07) by Michael Monn Architects (STEVE/JULIE) Proposal for exterior façade remodel Location: 7740 Flying Cloud Drive Contact: Mike Monn, 612-247-5406 Request for: • Site Plan Review on 3.20 acres Application Info Planning Commission City Council Date Submitted 06/05/15 Notice to Paper 06-24-15 Notice to Paper Date Date Complete 06-05-15 Date Resident Notice Date 120 Day Deadline 10-02-15 Resident Notice 06-24-15 1st Meeting Date Initial DRC review 06/11/15 Date 2nd Meeting Date Meeting Date 07-13-15 2 2. WAND CORPORATION (2015-13)by Wand Corporation (TANIA) Proposal for 100% Office use within a 1-2 Zoning District Location: 7575 Corporate Way Contact: David Perrill, 1-800-786-9263 Request for: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park Zone on 2.88 acres Application Info Planning Commission City Council Date Submitted 07/07/15 Notice to Paper Date 7-8-15 Notice to Paper Date Date Complete 07/07/15 Resident Notice Date 7-8-15 Resident Notice Date 120 Day Deadline 11/04/15 Meeting Date 7-27-15 1st Meeting Date Initial DRC review 07/09/15 2nd Meeting Date 3. DRAFT TOD ORDINANCE (REGINA) Continued Item Public hearing to adopt the draft TOD ordinance. Contact: Regina Dean, 952-949-8490 Application Info Planning Commission City Council Date Submitted N/A Notice to Paper Date 6-24-15 Notice to Paper Date Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline N/A Meeting Date 7-13-15 1st Meeting Date Initial DRC review N/A 2nd Meeting Date CITY COUNCIL CONSENT - AUGUST 18, 2015 1. File#2015-06L Lease by Verizon (c/o—Mandy Brady-Jacobs)—Contact Mandy Brady Office# 651-225-0784, mobile# 612-366-8944 (Approved 00-00-15) Review time ?? Days. Incomplete as of 03-09-15 Location: 6341 Baker Road, Eden Prairie, Minnesota Request: Re-establishment of Lease. Property zoned C-Comm. (STEVE/TANIA) Application Info (2015-06L) Date Submitted 03-19-15 Notice to Paper Date N/A Notice to Paper Date N/A Date Complete 00-00-15 Resident Notice Date N/A Resident Notice Date N/A 90 Day Deadline 06-07-15 Meeting Date N.A tst Meeting Date _ 08-18-15 Initial DRC review 00-00-15 2nd Meeting Date N/A Complete Letter 03-27-15 Due 3 2. File#2014-18TM by Verizon (c/o—Justin Holt—Jacob,)—Contact—Justin Holt 952.831.1043 x3102 office, 773.454.9428 mobile (Approved 00-00-14)Review time? Days Request: Small Cell Site (Pilot Project Installation of smaller antennas and associated equipment on Utility poles, traffic lights etc. in right of way.)—Incomplete as of 00-00-14 Location: Right of Way—Pioneer Trail between Homeward Hills Road and Hwy#169 Application Info (2014-19TM) Planning Commission City Council Date Submitted 00/00/14 Notice to Paper Date N/A Notice to Paper Date N/A Date Complete 00/00/14 Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date N.A tst Meeting Date N/A Initial DRC review 2nd Meeting Date N/A 3. EDEN PRAIRIE PLAZA(SALON CONCEPTS) (2015-03)by SCEPRE, LLC. (TANIA) Proposal for adding 58 additional parking spaces Location: 8040 Glen Lane Contact: Brent Van Lieu, 513-200-4261 Request for: • Planned Unit Development District Review on 3.03 acres • Zoning District Review on 3.03 acres • Site Plan Review on 3.03 acres Application Info Planning Commission City Council Date Submitted 01/16/15 Notice to Paper Date 4/9/15 Notice to Paper Date 4/30/15 Date Complete 03/02/15 Resident Notice Date 4/11/15 Resident Notice Date 5/1/15 120 Day Deadline 08/29/15 Meeting Date 4/27/15 1st Meeting Date 5/19/15 Initial DRC review 01/22/15 2nd Meeting Date 4. AMENDMENT TO DEVELOPMENT AGREEMENT (JULIE) Public hearing to amend the development agreement for Liberty Plaza. Contact: Julie Klima, 952-949-8498 Application Info Planning Commission City Council Date Submitted I Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 4 5. SHOPS AT SOUTHWEST STATION (2015-06)by Venture Pass Partners, LLC. (REGINA) Proposal for the redevelopment of the existing Santorini's restaurant site into an 11,138 sf multi- tenant retail center Location: 13000 Technology Drive Contact: Randy Rauwerdink 612-801-4313 Request for: • Planned Unit Development Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres Application Info Planning Commission City Council Date Submitted 05/08/15 Notice to Paper Date 6/4/15 Notice to Paper Date Date Complete 05/08/15 Resident Notice Date 6/5/15 Resident Notice Date 120 Day Deadline 09/04/15 Meeting Date 6/22/15 1st Meeting Date 7-14-15 Initial DRC review 2nd Meeting Date PLANNING COMMISSION - AUGUST 24, 2015 1. DESIGN STANDARDS PRESENTATION IN BUT NOT SCHEDULED 1. CODE AMENDMENT RELATING TO SUBDIVISION REGULATIONS Public hearing to amend City Code Chapter 12, relating to the regulation of subdivisions of property. Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 5 2. WOODSPRING SUITES SIGNATURE (2015-08) by Titleist Lodging Group, LLC (REGINA) Proposal for the construction of a 4-story extended stay hotel Location: 7544 Market Place Drive Contact: Quentin Ellis, 316-260-9088 Request for: • Planned Unit Development District Review with waivers on 1.66 acres • Zoning District Change from Office to Commercial Hwy on 1.66 acres • Site Plan Review on 1.66 acres Application Info Planning Commission City Council Date Submitted 06/05/15 Notice to Paper Date Notice to Paper Date Date Complete 06/05/15 Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 3. EDEN PRAIRIE RETAIL (2015-10)by EP Equities, LLC (JULIE) Proposal for expansion of existing building for single story retail use Location: 590 Prairie Center Drive Contact: Hector Vinas, 954-499-8663 x231 Request for: • Planned Unit Development Concept Review on 0.8 acres • Planned Unit Development District Review with waivers on 0.8 acres • Zoning District Amendment within the Commercial-Regional-Services District on 0.8 acres • Site Plan Review on 0.8 acres Application Info Planning Commission City Council Date Submitted 06/19/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 06/25/15 2nd Meeting Date 6 4. ATTACHMENT/DETACHMENT PID: 36-117-22-33-0015 (2015-11)by Told Development Company(JULIE) Proposal to detach PID from City of Minnetonka and attach PID to City of Eden Prairie Location: 590 Prairie Center Drive Contact: Trent Mayberry, 952-278-0112 Application Info Planning Commission City Council Date Submitted 06/26/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline 10/26/15 Meeting Date 1st Meeting Date Initial DRC review 07/02/15 2nd Meeting Date 5. EDEN PRAIRIE CENTER(2015-12)by Eden Prairie Center(JULIE) Proposal for landscaping and stormwater improvements Location: 8251 Flying Cloud Drive Contact: Nancy Litwin, 952-525-2152 Request for: • Planned Unit Development District Review on 35.32 acres Application Info Planning Commission City Council Date Submitted 07/02/15 Notice to Paper Date Notice to Paper Date Date Complete 07/02/15 Resident Notice Date Resident Notice Date 120 Day Deadline 10/30/15 Meeting Date 1st Meeting Date Initial DRC review 07/09/15 2nd Meeting Date 6. BURGER KING(2015-14)by Paul Dahl Associates, Inc. (STEVE) Proposal for exterior remodel and landscape Location: 16345 West 78th Street, Eden Prairie, MN Contact: Paul Dahl—952-512-9551 Request for: • Site Plan Review on 1.34 acres Application Info Planning Commission City Council Date Submitted 07/30/15 Notice to Paper Date Notice to Paper Date Date Complete 00/00/15 Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 08/06/15 2nd Meeting Date 7 7. CODE AMENDMENT RELATING TO INDOOR GUN RANGES (JULIE) Public hearing to amend City Code Chapter 11,Section 11.30,Subdivision 2, to include indoor gun ranges. Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date APPROVED VARIANCES 1. VARIANCE #2015-06 by Eden Prairie Development LLC. (STEVE) Proposal for a free-standing sign setback less than code requires Location: 14301 Martin Drive Contact: Bob Ready, 612-419-1732 Request to: • To permit a free-standing sign 0' from the property line of a public right of way. City Code requires a 10' setback in the Multiple Family Residential Zoning District. Application Info Planning Commission City Council Date Submitted 06/19/15 Notice to Paper Date 07-08-15 Notice to Paper Date N/A Date Complete Resident Notice Date 07-08-15 Resident Notice Date N/A 120 Day Deadline 10-17-15 Meeting Date 07-27-15 1st Meeting Date N/A Initial DRC 06/25/15 2nd Meeting Date N/A review 2. VARIANCE #2015-08 by Patrick &Merritt Steidl. (TANIA) Proposal to permit a variance for a deck to encroach within the required 20 foot rear yard setback. Location: 7381 Moonlight Lane Contact: Patrick Steidl, 608-698-2998 Request to: • Permit a deck to be set back 10 feet from the rear property line City Code requires a 20 foot rear yard setback. Application Info Planning Commission City Council Date Submitted 06/26/15 Notice to Paper Date 7-08-15 Notice to Paper Date N/A Date Complete 06/26/15 Resident Notice Date 7-08-15 Resident Notice Date N/A 120 Day Deadline Meeting Date 7-27-15 lst Meeting Date N/A Initial DRC 07/02/15 2nd Meeting Date N/A review 8 TELECOMMUNICATION PROJECTS 1. FILE #2014-20TM by Verizon Location: 8080 Mitchell Road Contact: Justin Holt, 952-831-1043 x3120 office, 763-454-9428 mobile (STEVE) (Approved 00-00-14)Review time? Days Request: Small Cell Site (Project Installation of smaller antennas and associated equipment on City Center Roof to improve Public Safety Communications)—Incomplete as of 10-07-14 Application Info Planning Commission City Council Date Submitted 10/07/14 Notice to Paper Date N/A Notice to Paper Date NA/ Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date NA/ 1st Meeting Date 07-14-15 Initial DRC review 2nd Meeting Date N/A 9